The High Court · 2025

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue writ or direction preferably writ of Mandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the subject Gift settlement Deed (brother in favour of sister) presented in respect of semi-Finished Residential Unit No. 002, consisting 778 Sft., of super builtup area, in Ground Floor of the Residential building REHAYESH APARTMENTS on Plot No. 1/A, with an undivided share of 32 Sq. Yrds', or 26.75 Sq' Mtrs, out of its land area of 236 Sq. Yrds. Or 197.29 Sq. Mtrs., undersurvey No. 577, situated at East Anandbagh, Block No. 24, Malkajgiri Municipality, Medchal-Malkajgiri District (erstwhile Ranga Reddy District) and of semi-Finished Residential Unit No. 001' consisting 314 Sft., the builtup area, in Ground Floor of the Residential building REHAYESH APARTMENTS on Plot No. 1/A, with an undivided share of 17 Sq. Yrds., or 14.21 Sq. Mtrs., our of its land area of 236 Sq. Yrds. Or 197.29 Sq. Mtrs., under Survey No. 577, situated at East Anandbagh, Blocll No- 24, within the limits of Ma lkajE iri Municipality, Medchal-Malkajgiri E)istrict (erstwhile Ranga Reddy District), is illegal, arbitrary and contrary to provisions of law and violation of Article 300-4 o1' the Constitution of lndia, and consequently direct the Respondent Nc,.2 tl receive, process, register and release tlre subject Gift Settlement DeerJ (in favour of husband)/ ahy other deeds that may be presented by the petitioner in r:spect of Semi-Finished Residential Unit No. 002, consisting 778 Sft., of super builtup area, in Ground Floor of tl.re Resirlential building REHAYESH APARTMENTS on Plot No. 1/A, with an undivided share of 32 Sq. Yrds., or 26.75 Sq. Mtrs., out of its land area of 236 Sq. yrds. Or 197.29 Sq. Mtrs., under Surve,r No. 577, situated at East Anandbagh. Block No. 24, Malkajgiri Municipality, Medchal-Malkajgiri District (erstwhite Ranga Reddy District) and of Sem -Finished Residential Unit No. 00'l , consi:;tirrg 314 Sft., the builtup area, in (lround Floor of the Residential buildinrl REHAYESH APARTMENTS rtn P ot No. 1/A, with an undivided share of 1 7 Sq. yrds., ot 14.21 Sq. Mtrs., our of its land area of 236 Sq. Yrds. Or 197.29 Sq. Mtrs , under Survey No. 577, situate,J at East Anandbagh, Block No. 24, within the limits of Malkajgiri Municipality, Medcha l-Malkajgiri District (erstwhile Ranga Reddy t)istrict), without insisting No-obje ction Certificate (NOC) from the Respondr:nt Nc,.3 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the r:ircumst;tnces stated in the affidavit fileC in support of the petition, the High Court may be pleased pleased to direcl the Respondent No.2 forthwith to receive, process, register and release the subject (iift settlement Deed (brother in favour of sister/ any other deeds presented by the petitioner in respect of semi-Finished Residential Unit No. 002, consisting 778 Sft., of super builtup area, in GrouncJ Floor of the Residential building REHAYESH APARTMENTS on ptot No. 1/A, with an undivided share ,rf 32 Sq. Yrds., or 26.7b sq. Mtrs., out of its land area of 236 sq. Yrds. Or 197.29 Sq. Mtrs., under Survey No. 577, situated at East Anandbagh, Block No. 24, Merlkajgriri Municipality, Medchal-Malkajgiri District (erstwhile Ranga Reddy District) and r:f semi-Finished Residential Unit No. 001 , r:;onsisting 314 Sft., the builtup area, in Ground Floor of the Residential builclinS) REHAYESH APARTMENTS on Plot No. 'llA, with an undivided share of 17 Sq. Yrds., or 14.21 Sq. Mtrs., ourof its land area of 236 Sq. Yrds. Or 197.29 Sq. Mtrs., under Survey No. 577, situated at East Anandbagh, Block No. 24, within the limits of Malkajgiri It/unicipality, lVledchal-l\4alkajgiri District (erstwhile Ranga Reddy District), without insisting No-objection Certificate (NOC) from the Respondent No.3, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner : SRI SUBBA RAO VADREVU Counsel for Respondents No.1&2:ASST.GP FOR STAMPS &REGISTRATION Counsel forthe Respondent No.3: SRI FARHAN AZAM KHAN, SC FORWAKF The Court made the following: ORDER ,': I I i THE HONOURABLE SRI JUSTICE K.SAR.A.TH WRIT PETITION No.1291L of 2025 ORDER: Ileard k:arned counsei for the petitioner and learned Assistant Govt:rnment Pleader for Stamps ,and Rergistration appearing for the respondents. With their consenl, the writ petition is disposed of at the stage of admission itself

2. AggrLeved by the action of the responrlent No.2 herein in not rec:eivirrg, registering and releasing the subject Gift Settlement D,r:ed presented 1n respect of SemL-Finished Residentie[ Urrit Nos.OOl and OO2 in Grolurd .Flror of the Residentie[ brrilding RtrHAYtrSH APARTMtrNTS orr Plot No. 1/A in Survey No.577 situated at East Ananclbagh, Block No. 24, V alkajgiri Municipality, Medchal-il4alkajgiri District, the petitioner filed the present writ petition

3. Learned Assistant Government Pleader fo.L' Stamps and Registration submits that without pres;enting the dor:urlent, t..re petitioner has approactred this Court o SI(, J w 12911_2A25 seeking registration of the document. If the petitioner presents the same before the Registering authority, the respondents will receive the same and foliow the procedure as contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908').

4. The Section 71 of the Act, 1908, reads as follows: Reasons for refusal to register to be recorded.- (1) Every Sub-Registrar refusing to register a documenl, except on the ground that the property to which it relates is not situated within his sub- district shall makc an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused,, on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

5. In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ i I v / SK, J v P 12911,2025 petition is disposed of directing the Registr:ring Authority to receive, r'egirjl-er ald release the subject docume:et, subject to the pc:titir>ner complying with the provisions ,rf the Act, 19OB as n,ell as the Indian Stamp Act, 1899. It uill be open to the Registering Authority to refusr: thr: document presente<l b,:lore him, if he has any otljectiorr , by duly assigninp; r()asons in support of such decr.sion and communicatr: the said decision to the peti._ioner. It is made clear th at thrs Court has not expressed any c,pinion on merits of the case as to the entitlement of the pertitioner to get the s,ubject document registered. There sl.Lall be no order as to costs.

6. Misc:ellaneous Petitions, if any, penrling in this writ petition s hall stand closed. SD/.A. SRINIVASA REDDY ASSISTANT REGISTRAR //TRUE COPY// SECTIO ICER Telangana, HYderabad. "fu, 1 . The Principal liecretary (Stamps and Registration), Secretarial, State of 2. The S-ub-llegistrar, Malkajgiri, Medchal Malkaigiri District. 3. The Chiel' Eiecutive Offic6-r, Telangana WaK Board, Huz House, Nampally, 4. Ohe CC tr SRI SUBBA RAO VADREVU, Advocate. [OPUC] 5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the Hyderabad. State of Telan,lana. [OUTI

6. ONE CC tT SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD. [OPUC] 7. Two CD Oopie,s. BSK BS *..r4- ..- { -ry-.*r.t !!&::r.iei-rxrr!!!rrltt.l j To, \ { HIGH COURT DATED:2910412025 lE( 4. .$ :\ sis$ \ I n,.,'tt $'+ t it a) \, I ORDER WP.No.12911 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 3d l l I l I , I i I I I I I i